Texas Cannabis Laws
Texas has among the strictest cannabis laws in the US:
Possession penalties:
Under 2 ounces: Misdemeanor, up to 180 days jail, $2,000 fine
2-4 ounces: Misdemeanor, up to 1 year jail, $4,000 fine
Over 4 ounces: Felony, 180 days to 2 years prison
Over 5 lbs: Felony, 2-10 years prison
Concentrates (any amount): Felony — 180 days to 2 years (treated as a manufactured substance)
Medical (Compassionate Use Program):
Extremely limited — low-THC cannabis oil (under 1% THC, increased from 0.5% in 2021)
Qualifying conditions: epilepsy, MS, spasticity, autism, terminal cancer, PTSD (added 2021)
Only 3 licensed dispensaries serve the entire state of 30 million people
Austin's local policy:
In 2020, Austin voters passed Proposition A (85% yes) directing police to stop enforcing low-level cannabis possession
Austin PD no longer arrests or cites for small amounts
This is a policy decision, not a legal change — cannabis is still illegal under state law
The Travis County DA also deprioritized cannabis prosecution
Hemp loophole: The 2019 Texas Hemp Act legalized hemp (under 0.3% THC). This accidentally created a massive legal market for hemp-derived THC products (delta-8, delta-9 from hemp).
Hemp-Derived THC: Texas's Legal High
Texas's hemp law created a booming market for legal THC products:
What's available:
Delta-8 THC — legal (currently), sold at thousands of locations. Produces a milder high than delta-9
Hemp-derived delta-9 THC — legal if the product contains less than 0.3% THC by dry weight. This allows THC gummies and beverages with 5-10mg per serving
THCa flower — hemp flower high in THCa that converts to THC when heated. Looks and smells exactly like "regular" cannabis. Legal status is disputed
CBD products — widely available everywhere
Where to buy:
Smoke shops — Texas has thousands, most carry hemp-derived THC products
CBD/hemp specialty stores — higher quality, knowledgeable staff
Online — many Texas companies ship hemp THC products statewide
Some gas stations and convenience stores (lower quality)
Popular Texas brands:
Hometown Hero (Austin-based) — veteran-owned, wide product line
Delta Extrax — popular delta-8 and delta-10 products
3Chi — one of the original delta-8 brands
Quality warning: The hemp-derived THC market is largely unregulated. Always check for third-party lab testing (COA). Avoid products without lab results. Reputable shops display testing information.
Legal uncertainty: Texas legislators have repeatedly attempted to ban delta-8 and restrict hemp-derived THC. The market could change quickly. Check current status before visiting.
Austin: Texas's Cannabis Oasis
Austin is an island of cannabis tolerance in a prohibition state:
The culture: "Keep Austin Weird" extends to cannabis. The city's live music, food, and outdoor culture are deeply cannabis-adjacent. Willie Nelson, the city's unofficial mascot, is America's most famous cannabis advocate.
Where to find hemp-THC:
South Congress (SoCo) — trendy strip with CBD/hemp shops among the boutiques
East Austin — creative district with hemp shops and cannabis-friendly bars/venues
North Loop — vintage shops and hemp stores
The Drag (Guadalupe near UT campus) — student-oriented hemp shops
Cannabis-friendly venues:
Many Austin live music venues have outdoor areas where cannabis consumption occurs (technically still illegal but unenforced)
Zilker Park and the Barton Creek Greenbelt have strong cannabis cultures, especially on weekends
6th Street nightlife corridor is cannabis-adjacent but more alcohol-focused
Austin events:
SXSW (March) — cannabis companies and events are integrated into the festival
Austin City Limits (October) — music festival with a strong cannabis presence
Reggae Fest and various cannabis-friendly music events throughout the year
Important: Austin's police non-enforcement policy does NOT protect you from:
State troopers (DPS) who operate independently
University of Texas police on campus
Surrounding jurisdictions (Williamson County is notably strict)
Practical Tips
Houston, Dallas, San Antonio: These cities DO actively enforce cannabis laws. Unlike Austin, there is no local decriminalization. Exercise extreme caution in all Texas cities outside Austin.
Driving: Texas DPS (highway patrol) actively profiles vehicles for cannabis. If driving from Colorado or other legal states into Texas, ensure zero cannabis in your vehicle. I-10, I-20, and I-40 are heavily patrolled at state borders.
Airport: Austin-Bergstrom (AUS), DFW, Houston (IAH/HBY), San Antonio (SAT) — cannabis can result in arrest. Even in Austin, the airport is state/federal jurisdiction.
Concentrates: Remember that ANY amount of cannabis concentrate is a felony in Texas. Vape cartridges, wax, shatter — all felony charges. This is the biggest legal trap for visitors from legal states who bring a vape pen.
Mexican border: Texas shares a massive border with Mexico. Federal enforcement is intense in border zones (El Paso, Laredo, McAllen, Brownsville). Zero tolerance.
Best approach: Enjoy Texas's legal hemp-derived THC products. Austin's hemp shops offer quality options that provide real effects legally. Save your cannabis consumption for legal states.
Best time for Austin: March (SXSW), October (ACL), or spring/fall for perfect weather. Summer is brutally hot (100°F+).
Author
Nyke Perényi
Head of Marketing, Weed.de
Nyke Perényi is Head of Marketing at Weed.de, overseeing strategic positioning and the brand's online and offline marketing. She develops creative campaigns, builds partnerships, and strengthens presence across digital and traditional media. She has been dedicated to cannabis education and destigmatization for years. In her spare time, she's active on Instagram and YouTube and is the creator of the cannabis card game Green Deal.
Published January 29, 2025 · 8 min read
